United States Third Circuit

In plaintiffs' wrongful death and survival action against a government contractor for the death of their son, an active duty Army Ranger and Green Beret serving in Iraq, claiming that the defendant's negligence in electrical maintenance of the building where the son was electrocuted caused the death, defendant's appeal of the district court's rejection of its political question and section 2680(j) defenses is dismissed for lack of jurisdiction as the district court's March 31 order did not conclusively determine the disputed issues in this case, and as such, it cannot be reviewed under the collateral order doctrine.

Appellate Information

• Argued 06/22/2010
• Decided 08/17/2010
• Published 08/17/2010

Judges

• SMITH

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Patrick K. Cavanaugh, Raymond B. Biagini